The Premier League has fought a long-running battle against British pubs that use satellite systems from other parts of the European Union (EU) to broadcast live games for their customers. The cost of these systems works out far cheaper than purchasing subscriptions to the Premier League’s UK rights holders BSkyB and ESPN, with the League keen to protect the value of their partners’ investment. Premier League clubs have also claimed that pubs using foreign satellite feeds have impacted on match day attendance. A High Court hearing on Friday saw the League state it will now take action against pubs for breach of copyright, while satellite importers claim they are free to carry on their business.
The Premier League had initially taken out a civil action against digital box supplier QC Leisure and publican SR Leisure Limited. That case, along with the high-profile action involving pub landlady Karen Murphy, was sent to the European courts for legal advice and guidance on points of law. The European Court of Justice (ECJ) in October ruled that football fans in the EU should be allowed to choose the cheapest method of watching games on television regardless of exclusive national broadcast agreements.
The Luxembourg-based tribunal said in a statement that “national legislation which prohibits the import, sale or use of foreign decoder cards is contrary to the freedom to provide services and cannot be justified.” However, the ruling did include one area that fell in favour of the Premier League. For showing games in pubs, the court said parts of the transmission such as opening video sequences, the official Premier League anthem and certain graphics were “works” protected by copyright and their usage would require authorisation from the League. Friday’s ruling saw the High Court declare that in some respects foreign satellite equipment importers had been in breach of Premier League copyright by allowing the transmission of foreign broadcasts in the UK, but added that the League had only managed to prove its claims of a breach to a “limited extent”.
BBC News reported Lord Justice Kitchen stating “the defendants who are continuing to trade must be entitled to carry on their business in a way which avoids infringement of (Premier League) copyright if they are able to do so”. He added that clauses in Premier League TV contracts which prevent national broadcasters from transmitting games outside of their own borders may constitute a “restriction on competition”. The Premier League said in a statement: “It is clear that the law gives us the right to prevent the unauthorised use of our copyrights in pubs and clubs when they are communicated to the public without our authority. We will now resume actions against publicans who are using European Economic Area foreign satellite systems to show Premier League football on their premises unlawfully and without our authority.”
Anand Pattani, a lawyer at Smithfield Partners, which has represented QC Leisure and other defendants, added: “Our clients are extremely pleased that, in line with the finding of the European Court, the judgment confirms that the majority of claims against our clients are to be dismissed. Insofar as there has been a finding of infringement relating to a limited number of artistic works our clients also welcome Lord Justice Kitchen's confirmation that they must be entitled to carry on their business in a way which avoids any such infringement.” The Murphy case is set to be heard in the High Court later this year.